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25 November 2021

What is Employment Law?

From working hours to whistleblowing, recruitment to holiday entitlement, employment law spans across all areas of the workplace. Find out more about how these laws can affect a business and why you might want to study employment law!

According to the Chartered Institute of Personnel and Development, employment law is responsible for regulating the relationship between employers and employees. It governs what employers can expect from employees, as well as what employers can ask employees to do, and employees’ rights at work. Employment law is therefore a key part of daily life for pretty much every working adult – and most don’t even know it!

According to the Chartered Institute of Personnel and Development, employment law is responsible for regulating the relationship between employers and employees. It governs what employers can expect from employees, as well as what employers can ask employees to do, and employees’ rights at work. Employment law is therefore a key part of daily life for pretty much every working adult – and most don’t even know it!

 

Why employment law is important

Businesses must operate within UK employment laws in order to ensure the fair and safe treatment of any party involved with a business – this includes both employers and employees. If businesses do not comply with legislation, legal action such as fines, restrictions, or even imprisonment can be imposed. Therefore, an awareness of employment law is central to the successful running of a business, and it also plays a crucial role in ensuring that businesses function efficiently and retain their staff.

Core areas within employment law include:

  • Recruitment
  • Terms and conditions of employment
  • Holiday entitlement and pay
  • Working time
  • Whistleblowing
  • Dismissal
  • Redundancy
  • Discipline and grievance
  • Bullying and harassment at work

Employment law is also designed, in part, to ensure fairness when it comes to aspects of potential discrimination within the workplace, such as:

  • Maternity and parental rights
  • Equal pay
  • Sex/Age/Race/Religious/Disability/Sexual Orientation discrimination

Because of its importance and the demand for legal advice in this area, there are various aspects within the remit of employment law that have made it a leading practice area for law firms and for companies to have specialised teams within their legal and HR departments.

 

What is the difference between employment law and labour law?

Whilst the terms labour and employment laws are often used interchangeably, in reality there are important distinctions to be made between the two.

In a nutshell, employment laws relate to individuals within the workplace, whereas labour laws deal with the collective rights of groups of many workers. You will most likely be familiar with these groups in the form of Unions, which are formed specifically to champion the rights of these workers as a whole.

Labour laws are much narrower in comparison to employment laws, though they do concern matters such as minimum wage of workers, and the right to strike. On the other hand, employment laws do not involve the representation of groups, and so are not bound by collective agreements – they refer to the specific duties of an employee and what is expected of them.

That said, both employment law and labour law both operate in the same vein and around the same jurisdiction, and in essence both types of law are geared towards the protection of rights.

 

Studying and working in employment law

An employment lawyer may represent an individual employee, a group of employees, or an employer.

If acting on behalf of the employee(s): the lawyer will be responsible for obtaining and collating research and information, preparing relevant documents, providing advice, and handling dispute resolution through arbitration and negotiations, along with organising the settlement agreement.

When working on behalf of the employer: an employment lawyer gives advice against claims to the businesses and institutions involved, gathers and explores HR policies focusing on all elements of the employment agreement, and carries out negotiations when applicable.

According to The Lawyer Portal, the average salary for an employment lawyer is £32,500 – however, this has been seen to rise as high as £97,000 for those working in areas such as central London.

You can study employment law as part of the online courses below with Law Training Centre:

  • CILEX Level 3
    • – Employment Law
    • – The Practice of Employment Law
  • CILEX Level 6
    • – Employment Law
    • – The Practice of Employment Law

You can also become an employment Solicitor, by qualifying as a Solicitor through the SQE pathway and then specialising in this particular area of law.

 

Sources

Employment Law | CIPD

Why Is Employment Law Important? | LLMStudy.com

The Difference Between Labour and Employment Law – (dphlegal.com)

What is Employment Law? – How to Become an Employment Lawyer (thelawyerportal.com)

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